Where were you a year ago?
On July 7, 2009 many of us were at the Woodfin Community Center, expressing our displeasure at the thought of being forcibly annexed by that town. We were being told by the mayor and aldermen that they had the law on their side, that being forced into Woodfin was a good thing, and that we would like it. And that, oh really, the increased taxes (without any meaningful services provided) weren't so awfully bad.... Most importantly, we learned that we had no bureaucratic or legislative recourse whatsoever, and we had no representation from anywhere.
NEW article on forced annexation by
Daren Bakst:
A Quick and Easy Fix of the
Annexation Law
A little history about forced
annexation
- Before 1947, the NC General Assembly approved all municipal annexation.
- From 1947 to 1959, a change in law allowed municipalities to initiate the annexation of an area, but required the annexation proposal be put to a vote of the people in the area being annexed.
- In 1959, the legislature removed the requirement for a vote and justified it with the extension of water and sewer services to some areas in need of them.
- In spite of opposition from many legislators at the time, the 1959 law delegated all authority directly to the municipalities, without oversight of any kind. Since then, there have been no “checks and balances” in the way that private property is involuntarily annexed to a town or city, thereby giving rise to the term forced annexation.
Currently all power resides with the municipality. No due process is available to citizens who are targeted for unwanted annexation – no vote, no voice at all, no political rights whatsoever. In legal challenges regarding this, the courts have said that “it’s not really the city that is doing the annexing, it is the General Assembly that is annexing via the delegation of power.” Yet time and time again, legislators in Raleigh have refused to become involved in forced annexation battles, saying it is a local, not state, matter. Thus the municipalities and the legislature pass the buck back and forth, and the citizen is left with no representation, and no one to fight for him. There is nothing remotely democratic or just about the practice.
What’s wrong with the current law? |
What do we need in law reform? |
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No representation or voice for the people. |
1. A real voice -- either a majority vote by the targeted citizens, or by unbiased third party supervision, e.g., a neutral county commission. |
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Allows for taxation without provision of meaningful, necessary services.
In spite of the 1959 law, many municipalities have no obligation at all to provide water or sewer services to the annexed area, even when that is desirable. |
2. Provision of meaningful, necessary services; not merely substitution of services already in place. * It is not meaningful or necessary to substitute city police for county sheriff services. * It is not meaningful or necessary to provide “free” garbage pickup when inexpensive private services are already easily available. |
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Some municipalities require the forcibly annexed citizens to pay for expensive infrastructure. |
3. If the city wants to annex an area, the city must pay for infrastructure. |
Unintended Consequences
Fear of unwanted, forced annexation sometimes leads people to form coalitions to try for approval of the incorporation of a new town from the General Assembly. But this can backfire. A case in point: Woodfin, NC was incorporated in 1971, in a defensive move to prevent the area from being forcibly annexed by Asheville. The town’s original founders were very well-intentioned and simply wanted to protect the citizens. However, those people are no longer in office and now, years later, the Town of Woodfin’s Mayor and Board of Aldermen have grand ideas for a “new” town and are practicing forced annexation to fund it. They are “doing unto others what they originally didn’t want done unto themselves.”
Last week we heard from several people who moved to Asheville because of its exciting, vibrant, broadminded segments of the community. I am amazed that a progressive city like Asheville continues to approve of using a repressive tool like forced annexation to try to improve itself. There are far better ways to build a strong community. FORCE is contrary to developing vitality for the City.
Even if the map we’re seeing tonight looks smaller, the use of aggression does not make for good relations with anyone, both inside and outside the city limits.
Is that really what you’re after? I’m sure you mean well, but an undercurrent of ill will is a secondary result, and that kind of sentiment does not go away over time.
Do the citizens of Asheville know how much of their tax dollars is spent on this kind of encroachment on their neighbors in unincorporated areas? My conservative guess is that on the recent activities and trial alone there must have been about a quarter of a million dollars spent. And we wonder why there is a $5 million deficit!
This is folly.
There is a Higher Law than political law – Juris Naturalis, or Natural Law. One of the cardinal rules of natural law is that no one may encroach upon any person or property. This is the basis of freedom versus bondage.
Please don’t be fooled by the League of Municipalities’ arguments that forced annexation is a good way to increase territory. It’s not. It’s barbaric. I’m ashamed that NC is one of the last states in the U.S. to allow this kind of authoritarian measure upon its citizens. Just because that barbaric 1959 law permits it, doesn’t mean that you actually should utilize it.
Asheville is better than that. Please take this cruel implement out of the City’s tool belt.
Merry Christmas from StopWoodfin.org!
StopWoodfin.org Victory!
Many, many thanks to each and every one of you who personally gave of your time, money, sweat, energy and tears to bring this to pass!
We would be remiss, however, not to inject a word of caution into the midst of celebration. The mayor and aldermen of Woodfin still have until October 5th to annex. We think the chances that this would happen are pretty slim, but we cannot ever trust these government officials in Woodfin, and ask you to help us all by keeping your eyes and ears open. We need to be cautious and keep our legal funds in the trust account until the October 5 expiration date of the original Resolution of Intent to Annex has passed. At that time we would like to have a big meeting -- to congratulate each other, celebrate together, and decide what we, as a group, want to do next.
And, unfortunately, the possibility still exists that these people will start up a new resolution of intent to annex at any time in the future. Woodfin and Asheville are now discussing some kind of
annexation agreement, so we must continue to remain vigilant.
One thing to discuss with you. The gratitude we have for those who stepped forward and put their hard-earned money on the line is beyond what can be adequately expressed in a simple message like this. That we were able to fund the legal effort and hire attorney Matthew Roberson made a HUGE impact on the outcome we now enjoy. Yes, we put a lot of vocal, political pressure on the Woodfin government, but without the "bite" of having hired a lawyer, they could have just simply ignored us and steamrolled over the top of us because the fact remains that we have no legal rights, no vote, no say of any kind, in the state of North Carolina regarding forced annexation. We hired Mr.
Roberson because the way to effectively fight this kind of battle is on technicalities, and Woodfin's errors became apparent through legal discovery.
If this victory is important to those of you who have not made a contribution to our legal fund, please seriously consider doing so now, to share the cost of this expense with your neighbors and friends who have already come forward. Your contribution at this time will make a big difference. Please go the Contribute Now page on this website to donate online via PayPal, or send a check to:
StopWoodfin.org, P.O. Box 1465, Leicester, NC, 28748-1465.
Again, many thanks to all who contributed in the many ways that we worked to bring the Woodfin officials to the point of backing off. We have been an awesome force! All of us on the steering committee are so proud of what we ALL have accomplished together.
With gratitude,
StopWoodfin.org Steering Committee
Dave Blevins, Steve Branstetter, Phil Flack, Stephen Freeby, Myra Fuller, Betty Jackson, Elaine Laufer, Martha Lowe, Carolyn Williams
